WashingtonWashington law allows certified labs to analyze driving evidence
Washington law allows permitted individuals or certified forensic labs to analyze blood or breath evidence in impaired-driving cases.
What it does
Blood or breath analysis may be considered valid when done by a permitted individual or a lab meeting forensic testing standards. Cities and counties do not have to fund the testing.
Cities and counties must agree to cover evidence handling and transport costs before retrieving evidence. Before using an outside lab, they must also set terms for defense interviews and electronic delivery of court papers.
Argument forCertified forensic labs could give cities and counties another way to analyze blood or breath evidence in impaired-driving cases.
Argument againstDefendants could miss a free interview with lab workers if they do not meet the request deadline, especially when a report arrives close to trial.
More detail
Blood or breath analysis may be considered valid when a permitted individual or a certified forensic lab performs it. This applies to blood or breath analysis considered in trials or proceedings under the impaired-driving laws named in the text. A lab must meet the ISO/IEC 17025 standard for forensic toxicology testing. Local governments may accept private donations to help pay for testing, but they do not have to fund it. This version of the law expires June 30, 2027, when the replacement version takes effect.
Cities and counties must make agreements before retrieving evidence or sending it to a certified lab for analysis. These requirements apply when a city or county seeks evidence already sent to the state lab or uses a certified forensic lab for blood or breath analysis. An agreement with the Washington State Patrol must cover its costs to package, handle, and transport evidence before the state lab has to release or return it. The lab agreement must offer a free interview with lab workers if the defense requests it at least 30 days before trial. If the report arrives fewer than 30 days before trial, the request is due within 10 days after disclosure. Lab workers must agree to accept electronic delivery of court papers and subpoena requests. The lab agreement must be in place before the city or county submits evidence for analysis.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 18Effective date 6/11/2026*.Latest
- Mar 18Chapter 108, 2026 Laws.Major
- Mar 18Governor Bob Ferguson signed.Became Law
- Mar 12Delivered to Governor.To Governor
- Mar 11Speaker signed.Major
- Mar 10President signed.Passed House
- Mar 9Passed final passage; yeas, 49; nays, 0; absent, 0; excused, 0.Passed Senate
- Vote recorded Final Passage as Amended by the House (#21). Result: pass.Upper
- Mar 9Senate concurred in House amendments.
- Mar 6Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2.Minor
- Vote recorded Final Passage as Amended by the House (#10). Result: pass.Lower
- Mar 6Rules suspended. Placed on Third Reading.Minor
- Mar 6Floor amendment(s) adopted.
- Mar 4Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 25Referred to Rules 2 Review.Minor
- Feb 24CS - Majority; do pass.Minor
- Feb 24Executive action taken in the House Committee on Community Safety at 4:00 PM.
- Feb 19Public hearing in the House Committee on Community Safety at 8:00 AM.
- Feb 17First reading, referred to Community Safety.Minor
- Feb 13Third reading, passed; yeas, 48; nays, 0; absent, 0; excused, 1.Minor
- Vote recorded 3rd Reading & Final Passage (#13). Result: pass.Upper
- Feb 13Rules suspended. Placed on Third Reading.Minor
- Feb 132nd substitute bill substituted (WM 26).Major
- Feb 10Placed on second reading by Rules Committee.Minor
- Feb 9Passed to Rules Committee for second reading.
- Feb 9WM - Majority; 2nd substitute bill be substituted, do pass.Major
- Feb 9Executive action taken in the Senate Committee on Ways & Means at 10:30 AM.
- Jan 26Public hearing in the Senate Committee on Ways & Means at 4:00 PM.
- Jan 16Referred to Ways & Means.Minor
- Jan 15On motion, referred to Ways & Means.Minor
- Jan 15LAW - Majority; 1st substitute bill be substituted, do pass.Major
- Jan 15Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.
- Jan 13Public hearing in the Senate Committee on Law & Justice at 8:00 AM.
- Jan 12First reading, referred to Law & Justice.Minor
- 2025
- Dec 12Prefiled for introduction.Introduced
Criminal JusticePublic Safety